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Report on the AITIC / UNCTAD Workshop
Anti-Dumping: Practical and Legal Issues in the Post-Doha Scenario
(held at AITIC, 9 Rue de Varembé, Geneva, on 28 February and 1 March 2002)
Overview of Anti-Dumping Disputes in the WTO
Anti-Dumping and Competition Issues: A Perspective
Dumping Margin Calculation: Practical Insights
Implementation Issues and Priorities for the Negotiations Post-Doha
Developing and Transition Economies' Views and Experiences from Doha Negotiations and Implementation Issues
Anti-Dumping in a Regional Context
Brainstorming and Capacity Building on Possible Priorities for the Negotiations and Technical Assistance Needs
Annex 1: Final Programme
Annex 2: Final List of Participants
Annex 3: Analysis of Evaluation Questionnaires
2. The formal sessions covered [Note 1]:
● anti-dumping in the multilateral context;
● a perspective on anti-dumping and competition issues;
● practical insights on dumping margin calculation;
● implementation issues and negotiating priorities post-Doha;
● developing and transition economies' experiences from the Doha negotiations and implementation issues in the rules area;
● anti-dumping in a regional context; and
● brainstorming and capacity building on possible negotiating priorities and technical assistance needs.
II. Overview of Anti-Dumping Disputes in the WTO
3. Mr Nicolas Lockhart (WTO Appellate Body) presented an overview of anti-dumping disputes in the WTO, including the following remarks:
● The Anti-Dumping Agreement (ADA) has been considered in 11 of 67 adopted reports by Panels or the Appellate Body and 5 of 15 on-going disputes. Developing countries are increasingly involved, both as complainants and respondents.● The ADA's substantive and procedural complexity represents a hurdle for administering authorities, but also a guarantee for exporters that certain standards will be respected.● Article 17.6 of the ADA lays down the standard of review to be applied by panels, and implicitly the standard expected of national authorities. Under Article 17.6, national authorities are given considerable discretion in the fact-finding aspects of investigations.● Article 17.6(ii) is a unique provision in the covered agreements in that when a panel considers that a provision of the ADA admits of more than one 'permissible interpretation', the panel shall find the national authorities' measure to be in conformity with the ADA if it rests on one of those permissible interpretations. Nonetheless, the text of Article 17.6(ii) makes clear that interpretation of the ADA is according to the customary rules of interpretation of public international law, which are reflected in the Vienna Convention on the Law of Treaties.
4. The key points made by Mr Moreland (Deputy Assistant Secretary, US Department of Commerce) were:
● In light of the growing use of anti-dumping remedies by developing countries, the debate needs to be reframed so as to move away from the idea that it is a developed country remedy. The focus should be on the practical issues confronting those countries that use, or would like to use, anti-dumping, as well as those whose exports are subject to anti-dumping duties.● Anti-dumping does not represent a major burden on international trade. In the US, only 0.5% of imports in 2000 were subject to anti-dumping duties.● Transparency is important in conducting anti-dumping investigations, as it helps ensure that anti-dumping remedies do not represent disguised protectionism, but rather are a legitimate, rules-based response to unfair practices. However, the resulting need for complex legal and administrative procedures represents a cost for developing countries. Reconciling these competing considerations is a major challenge for the WTO.● The WTO's dispute settlement system is a vital aspect of this transparency. Improving transparency could include exploring ways in which the private parties most affected can have some input in disputes.● Technical assistance can help improve developing countries' administrative capacities in the anti-dumping area.
5. H E Mr Alejandro Jara (Ambassador of Chile to the WTO) remarked that:
● Over the last 20 years, 50% of Chile's exports to the US have been subject to investigation in relation to anti-dumping, countervailing measures or safeguards. Even where no duties are imposed, there is still a considerable cost to exporters and government officials.● In the lead up to the Doha Ministerial Conference, only one WTO member opposed negotiations on anti-dumping. The compromise reached in Doha provides for negotiations to improve the ADA, not eliminate it, as some countries wished. The compromise itself only became possible once anti-dumping negotiations were linked to negotiations on market access.● The ADA should pay greater attention to economic principles. It should take account of the fact that genuine dumping is only possible where a firm has significant power in its home market and it is therefore unlikely to occur in commodity markets where firms, particularly from developing countries, are usually price-takers who sell at the highest possible price, not an artificially low one. The agreement also needs to be made more reasonable and transparent.
6. The speakers' final remarks in the general discussion were:
● Mr Moreland added that improving transparency could include ensuring that all parties have access to the information on which the determination is based, as well as the opportunity to make arguments. Established and clear processes are needed, along with a mechanism for appeal.● Mr Lockhart clarified that the Appellate Body can take into account the special positions of developing countries in so far as they are permitted to do so by the covered agreements, for example through a special and differential treatment provision. Article 15 of the ADA is such a provision, although it does not define precisely what the 'special regard' that should be accorded to developing countries is.● The need for national authorities to be accorded some level of discretion was highlighted, both on legal and practical grounds.
III. Anti-Dumping and Competition Issues: A Perspective
7. Mr Philippe Brusick (Chief, Competition Law and Policy and Consumer Protection Section, UNCTAD) highlighted the following:
● The interface between anti-dumping and competition is likely to become increasingly important, given the decision at Doha to launch discussions on the former and the possibility of future negotiations on the latter. Some regional arrangements, including the EU, have abandoned the use of anti-dumping within the region in favour of competition rules, although it is retained for external use.● The anti-dumping approach focuses on differences between domestic and export prices, with duties imposed if the price difference causes or threatens to cause material injury to domestic industry. By contrast, the competition law approach (predatory pricing) involves selling a product below cost with the intent of dominating the relevant market.● Competition rules aim to encourage efficiency and protect consumers. Anti-dumping, by contrast, aims to protect domestic industry from particular forms of competition. It may in fact harm domestic competitiveness, by making inputs more expensive or protecting collusive arrangements.● Predatory pricing is usually more difficult to establish than dumping and has a higher de minimis threshold.● The current proliferation of anti-dumping regimes in developing countries may act as an incentive for developed countries to revise their own views on the appropriateness of the system as it is currently applied.
8. The general discussion covered several important issues:
● Dumping can have both private and public aspects, given that it sometimes takes advantage of policy weaknesses in the home economy. These could include inadequate competition laws or controlled domestic prices.● Competition regulation may be seen as an 'ideal' solution, but in the real world anti-dumping regimes are a 'second-best' that can lead to faster and easier results. Moreover, they can act as a safety valve for domestic political tensions caused by tariff reductions.
IV. Dumping Margin Calculation: Practical Insights
9. Mr Edwin Vermulst (Consultant, UNCTAD) worked through a concrete example of calculation, which covered a range of practical issues including:
● The second and third elements of an anti-dumping investigation - injury to domestic industry and causation - are generally more problematic for exporters than the first element (dumping). This is because they depend largely on evidence held by the domestic industry or the anti-dumping authority, some of which is commercially sensitive and may not be released to the exporter under investigation.● However, calculation of the dumping margin can also pose difficulties, particularly in the 'netting back' [Note 2] from export and domestic market prices to ex-factory prices that can then be compared.● Developing countries need to pay particular attention to problems arising from currency conversions (particularly where the domestic currency is relatively volatile); informal arrangements for domestic credit; below cost sales; reasonable profit calculation and 'zeroing' [Note 3].● In some cases, investigating authorities have very broad discretions under the ADA, meaning that they are free to adopt approaches to calculation that may disadvantage developing country exporters. There may be scope for some tightening of the ADA's rules in this regard.
V. Implementation Issues and Priorities for the Negotiations Post-Doha
10. The major issues identified by Mr Stefano Inama (UNCTAD) were:
● Developing countries need to carefully consider their priorities so that negotiating capital can be invested in appropriate issues.● The Doha Decision on Implementation addresses the issues of back-to-back complaints; the base period to be used for calculation of import volumes; operationalisation of special and differential treatment in Article 15 of the ADA; and the modalities for annual reviews under Article 18.6. In relation to the first two, negotiators must ensure that the outcome sought in fact favours developing countries. Negotiations on the third should take into account the Appellate Body's operationalisation of Article 15 constructive remedies in the Bed Linen dispute [Note 4].● There are other outstanding issues not addressed in the Decision on Implementation. While some countries have argued for automatic application of the lesser duty rule [Note 5], problems with transparency may prevent this from substantially benefiting developing countries. The methods for constructing normal value in Article 2.2 need to be reconsidered, particularly as 'reasonable profit' has been found to extend to commercially unrealistic levels, for example in the Bed Linen dispute. Further analysis is needed before concluding that raising the threshold for below cost sales would be a substantial gain for developing countries.● Other questions that have been raised as possible topics for negotiation also need further clarification before a definitive view can be reached. These include proposals dealing with foreign exchange fluctuations, material retardation and the possibility of a presumption of dumping in the case of developed countries' products exported to developing countries.● The negotiations need to be conducted in light of the evolution of the WTO's jurisprudence.● The proposal of some members to codify perceived advances made through Panel and Appellate Body jurisprudence may not be necessary. Even though decisions are not formally binding on future Panels, practice suggests that they are very difficult to ignore.
11. The general discussion focussed on:
● Developing countries and their importing firms often lack resources to conduct the research necessary to support anti-dumping investigations. Introducing a presumption of dumping or relying on the producer's own costs as an estimate of the exporter's costs may help alleviate this, though authorities will need to ensure compliance with the ADA.● Although a public interest test is attractive in principle, it may not have a significant effect in practice.● Consideration could be given to using the level of market penetration, rather than the quantity of imports, to calculate the de minimis level.● Discussions on the role of civil society need to take into account the fact that such groups are often better organised in developed countries.
VI. Developing and Transition Economies' Views and Experiences from Doha Negotiations and Implementation Issues
12. Mr Han Soo Kim (Counsellor, Permanent Mission of Korea) addressed the following points:
● Anti-dumping is a critical agenda item for many WTO members. This is due to the increasing prevalence of anti-dumping regimes and investigations, the number of users having grown from 5 at the end of the Uruguay Round to around 30 now. Investigations can have a 'chilling effect' on investment, regardless of whether or not anti-dumping duties are finally imposed.● In the lead-up to Doha, there were essentially two groups of 'demandeurs' in this area. The first sought fundamental reform, including competition rules. The second was more realistic, accepting anti-dumping duties in appropriate circumstances, but attempting to prevent abuse.● The negotiations in Doha brought together several demandeurs and one opposing member. A compromise was reached, taking into account the concerns of the former group as well as the political difficulties faced by the latter. The Ministerial Declaration indicates that negotiations could take place in two phases, but will preserve the 'basic concepts, principles and effectiveness' of the ADA and its instruments and objectives.● The modalities for future negotiations are not yet clear. In the first informal meeting on 28 February 2002, there was a consensus that it was too early to impose a cut-off date for submissions. Four formal meetings have already been scheduled.● A number of 'ideological' questions need to be considered:
- Given the number of anti-dumping regimes in place both in developed and developing countries, does the issue remain a North-South one? For both, it is small and medium enterprises upon which the bulk of the burden from anti-dumping rules falls. Similarly, consumer welfare must be a common concern.- Given the role of Panels and the Appellate Body in interpreting vague aspects of the existing agreement, what is the appropriate role of policy makers?- What is the aim for negotiations? Should anti-dumping remedies be relatively freely available, or should tighter rules be imposed on their use?- What are the links between anti-dumping negotiations and market access?
13. The presentation of Mr Polouektov (Director of International Policies, CCEUR, Moscow) dealt with the perspective of the economies in transition (EITs):
● The perception of the EITs is that the current anti-dumping rules are characterised by unfairness and could have potentially serious systemic implications for the WTO. For example, although EITs provide only 8.4% of world merchandise exports, 32% of anti-dumping investigations are aimed at them. Moreover, 70% of investigations against EITs result in the imposition of duties.● The price comparisons involved in anti-dumping investigations continue to pose problems for those EITs not yet granted 'market economy' status. Their domestic prices are treated as an unreliable basis for calculation, meaning that assessment is often based on the 'surrogate country approach'. This leads to the imposition of relatively high duties.● The post-Doha negotiations provide a useful opportunity to settle these problems. In addition, it is necessary to deal with the fact that many members have not literally applied article 2 of the ADA in domestic law.
14. General discussion centred on the following subjects:
● There is no clear definition of an EIT. For practical purposes in the WTO, the group includes the countries from Central and Eastern Europe, the Baltics, the Commonwealth of Independent States and China. The EU also includes Viet Nam in this group.● Dumping investigations relating to EITs sometimes involve both structural and industry-level issues.
● Negotiations need to take account of developments that have taken place since the Uruguay Round, including the ADA's interpretation by Panels and the Appellate Body and the increasing use of anti-dumping measures, including by 'new users'.● The EC is willing to explore constructive remedies with developing country exporters. However, developing countries' 'essential interests' are not always involved in anti-dumping investigations, so the second sentence of Article 15 may not always be applicable.● The EC's application of the lesser duty rule is general, but should also be seen as a form of special and differential treatment.● The EU designates some EITs as non-market economies. Others are considered as being in the process of completing the transition to a market economy, meaning that particular industries and companies can be treated on a market economy basis. The determination is made on the facts of each case, using five criteria related to the level of state involvement in the economy and the prevalence of distortions inherited from the central planning era. The success rate in such applications has been around 16%.
16. Ms Marisa Diaz-Henderson's (UNCTAD) presentation highlighted the following:
● Regional agreements differ with respect to anti-dumping. Some, including the EU, have eliminated anti-dumping measures among members, while others, such as some in the Western Hemisphere, have retained them.● There is a tension between increasing use of national competition enhancement policies, and increased use of anti-dumping remedies. One way to resolve it is to view anti-dumping as a form of import relief, for example in a situation where safeguards are not available.● The technical aspects of anti-dumping should not obscure its broader political and economic context. As such, the forthcoming negotiations will need to take account of different development levels among WTO members and the particular problems faced by developing countries.
17. Two main comments were made during the general discussion:
● Dumping should be distinguished from the provision of actionable subsidies.● It is still unclear whether disposal of surplus production arising from cyclical factors constitutes dumping or not.
VIII. Brainstorming and Capacity Building on Possible Priorities for the Negotiations and Technical Assistance Needs
18. Ms Durán (Director, AITIC) remarked that:
● The increasing importance of anti-dumping for developing countries was illustrated by the fact that both AITIC and UNCTAD had received numerous requests for assistance in this area.● While Mr Moreland stated that only 0.5% of US imports are subject to anti-dumping duties, Ambassador Jara (Chile) reported that around 50% of his country's exports were subject to investigation. The point of view from which anti-dumping is approached is obviously important.● Even non-members are becoming objects of anti-dumping and other remedies, hence the urgency for developing country delegates to get up to speed on the rules and forthcoming negotiations.
19. Ms Tortora (Coordinator, Commercial Diplomacy Programme, UNCTAD) emphasised the following:
● There is a clear need for technical assistance, despite some OECD countries' reluctance to view anti-dumping as a developing country priority.● The complexity of the ADA makes it seem rigid and precise, but it in fact leaves considerable room for the exercise of discretion by national authorities. This implies a need for capacity building to enable developing countries to strengthen both their legal mechanisms and administrative decision-making capabilities.● Negotiation capacity building is also needed.
20. Mr Chrispeels (Legal Advisor and Coordinator, Dispute Settlement Programme, UNCTAD) made some final comments on a subject which, although not directly related to the workshop, could be of interest to the participants. His presentation centred on the UNCTAD Dispute Settlement Programme:
● Capacity building needs to be targeted and its aims must be defined.
● The UNCTAD Dispute Settlement Programme is preparing a multi-volume handbook on dispute settlement, focusing on WTO, WIPO, ICSID and UNCITRAL. It covers both procedural and substantive aspects, along with the relevant jurisprudence. It will serve as the basis for workshops, first in Geneva (starting May 2002) and then in developing countries.
● The aim of the above programme is to build permanent capacity in developing countries in the relevant fields. It is not directly aimed at WTO Representatives or those with advanced backgrounds, but rather at 'competent beginners' in government, academia and the professions.
21. Ms Durán noted in addition other programmes assisting developing countries in dispute settlement: the Advisory Centre on WTO Law, the Swiss government-sponsored TRALAC and the International Law Institute in Washington, DC.
Annex 1: Final ProgrammeAITIC / UNCTAD Workshop
Anti-Dumping: Practical and Legal Issues
in the Post-Doha Scenario
(held at AITIC, 9 Rue de Varembé, Geneva,
on 28 February and 1 March 2002)
Day 1 - Thursday, 28 February 2002
Opening Remarks
Ms. Esperanza Durán, Director, Agency for International Trade Information and Cooperation (AITIC)
Ms. Manuela Tortora, Coordinator, Commercial Diplomacy Programme, UNCTAD
Mr. Erik Chrispeels, Legal Advisor and Coordinator, Dispute Settlement Programme, UNCTAD
Session 1: Anti-dumping in the Multilateral Context
Anti-dumping Disputes in the WTO: An Overview
Speaker: Mr. Nicolas Lockhart, Appellate Body, WTO
Members' Views
Speakers:
Mr. Richard Moreland, Deputy Assistant Secretary, U.S. Department of Commerce
H. E. Mr. Alejandro Jara (Ambassador, Permanent Representative of Chile to the WTO)
Session 2: Anti-dumping and Competition Issues: A Perspective
Speaker:
Mr. Philippe Brusick, Chief, Competition Law and Policy and Consumer Protection Section, UNCTAD
Session 3: Dumping Margin Calculation: Practical Insights
Speaker:
Mr. Edwin Vermulst, Consultant, UNCTAD
Day 2 - Friday, 1 March 2002
Session 1: Anti-dumping negotiations:
Implementation issues and priorities for the negotiations post-Doha
Speaker:
Mr. Stefano Inama, TNCDB, UNCTAD
Session 2: Developing and transition economies' views and experiences from Doha negotiations and implementation issues
Speakers:
Mr. Han Soo Kim, Counsellor: The experience of Korea
Mr. Alexandre Polouektov: The experience of the economies in transition.
Session 3: Anti-dumping in the Regional Context: the Case of the Free Trade Area of the Americas
Speakers:
Mr. Marco Dueerkop, European Commission - Brussels
Ms. Marisa Diaz-Henderson, UNCTAD
Brainstorming and Capacity Building on Possible Priorities for the Negotiations and Technical Assistance Needs
Speakers:
Mr. Erik Chrispeels
Ms. Manuela Tortora, UNCTAD
Anti-Dumping: Practical and Legal Issues
in the Post-Doha Scenario
(held at AITIC, 9 Rue de Varembé, Geneva,
on 28 February and 1 March 2002)
Argentina
1. Mr. Eduardo Tempone, Counsellor, Permanent Mission, Geneva
Route de l'Aéroport, 10
Case Postale 536
1215 Genève
Tel: 929-8623
Fax: 798-59-95/798-1992
Email:
Australia
2. Mr. Stephan Bohnen, Second Secretary, Permanent Mission, Geneva
Passage des Fins 2
Case postale 172
1211 Genève 19
Tel: 799-9121
Fax: 799-9189
Email:
Belarus
3. Mr. Vladimir Malevich, Deputy Permanent Representative, Permanent Mission, Geneva
Avenue de la Paix 15
1211 Genève 20
Tel: 734-3844
Fax: 734-3844
Email:
4. Mr. Sergei Gulevich, Third Secretary, Permanent Mission, Geneva
Avenue de la Paix 15
1211 Genève 20
Tel: 734-3844
Fax: 734-3844
Email:
Belize
5. Mr. David Gómez, Minister Counsellor, Permanent Mission, Geneva
Rue de Mont-Blanc 7 (5ème étage)
1201 Genève
Tel: 906-8426
Fax: 906-8429
Email:
Bulgaria
6. Ms. Tatyana Petrova, Counsellor, Permanent Mission to the WTO, Geneva
Chemin des Crêts-de-Pregny 16
1218 Grand-Saconnex
Tel: 798-0300 / 798-0301
Fax: 798-0302
Email: .
Cambodia
7. H.E. Mr. Suos-Someth, Ambassador, Permanent Mission, Geneva
Rue de Varembé 9
Tel: 00 33 4 7934 1776
Fax: 00 33 4 7961 22 72
Email:
Chile
8. H.E. Mr. Alejandro Jara, Ambassador, Permanent Mission to the WTO, Geneva
Rue de Moillebeau 58 (4ème étage)
1211 Genève 19
Tel: 918-0081
Fax: 734-5297
Email: .
China
9. Ms. Zhang Bin, Attaché, Permanent Mission, Geneva
Route de Lausanne 228
1292 Chambésy
Tel: 909-7629
Fax: 909-7699
Email:
10. Mr. Wang Xiaodong, Third Secretary, Permanent Mission to the WTO, Geneva
Route de Lausanne 228
1292 Chambésy
Tel: 909-7615
Fax: 909-7699
Email:
Congo (Republic of)
11. Mr. Gabriel Nguengue-Montse, Economic Counsellor, Permanent Mission, Geneva
11 Rue des Paquis
1201 Genève
Tel: 731-8821
Fax: 731-8817 / 18
Email:
Côte d'Ivoire
12. Mr. Kouakou Adrien Kouadio, Attaché, Permanent Mission, Geneva
Route de Ferney 149h
1218 Grand-Saconnex
Tel: 717-0259
Fax: 717-0260
Email:
Cuba
13. Ms. Iliria Martín Hernández, Ministry of Finances and Prices, La Havana
Ministerio de Finanzas y Precios
Habana Vieja Ciudad de la Habana
Cuba
Tel: + 0053/ 67-1909
Fax: + 0053/ 33-8050
Email:
14. Ms. Alina Revilla Alcazar, Second Secretary, Permanent Mission, Geneva
Chemin de Valérie 100
1292 Chambésy
Tel: 758-9435
Fax: 758-9431
Email:
Dominican Republic
15. Ms. Claudia Mejia Ricart, Santo Domingo
c/o Eric Eckman 18, 4H
Apt 4C, Santo Domingo
Republica Dominicana
Tel:
Fax:
Email:
Egypt
16. Mr. Mawfik El Fayomi, Ministry of Foreign Trade - Anti-Dumping Department,
El Cairo
c/o Permanent Mission of the Arab Republic of Egypt
Avenue Blanc 49 (2ème étage)
1202 Genève
Tel: 732-2248
Fax: 731-6828
Email:
17. Mr. Ahhmed Talaat El Libedy, Commercial Secretary, Permanent Mission, Geneva
Rue de Lausanne
Genève
Tel: 732-2248
Fax: 731-6822
Email:
18. Mr. Amr Ramadan, First Secretary, Permanent Mission, Geneva
Avenue Blanc 49 (2ème étage)
1202 Genève
Tel: 731-6530 / 731-6539
Fax: 738-4415
Email:
19. Mr. Ahmed Elsayed, Investigator, Permanent Mission, Geneva
Avenue Blanc 49 (2ème étage)
1202 Genève
Tel: 731-6530 / 731-6539
Fax: 738-4415
Email:
Estonia
20. Mrs. Tiina Treiman, Third Secretary, Ministry of Foreign Affairs, Estonia
Ministry of Foreign Affairs
Islandi Square 1
Tallinn 15049
Estonia
Tel: + 372 / 6317 200
Fax: + 372 / 6317288
Email:
Ethiopia
21. Mr. Esayas Gotta Seifu, First Secretary, Permanent Mission, Geneva
Rue de Moillebeau 56
1211 Genève 19
Tel: 919-7010
Fax: 919-7029
Email:
European Union
22. Mr. Marco Dueerkop, EC Commission, Brussels
European Commission
Avenue de Tervuren 226
1150 Bruxelles
Tel: + 32 2 296-5095
Fax: + 32 2 296-3021
Email:
23. Mr. Welge, Counsellor, EC Commission, Geneva
European Union
Permanent Delegation to the European Commission in Geneva
Rue de Vermont 37-39
Case postale 195
1211 Genève 20
Tel: 918-2219
Fax: 734-2236
Email:
Finland
24. Mrs. Kristina Kauppinen, Intern, Permanent Mission, Geneva
Rue Pré-de-la-Bichette 1
Case Postale 198
1211 Genève 20
Tel: 919-4261
Fax: 740-0287
Email:
France
25. Mr. François Cotier, Commercial Attaché, Ministry of the Economy, Finance and Industry, Division of External Economic Relations, Paris
Teledoc 541
139, Rue de Bercy
75572 Paris Cedex 12
France
Tel: + 33 1
Fax: + 33 1
Email:
Hong Kong, China
26. Mr. John Leung, Deputy Representative of Hong Kong, Hong Kong Economic & Trade Office, Geneva
5, Allée David-Morse
1211 Genève 20
Tel: 730-1323
Fax: 730-1304
Email:
Hungary
27. Ms. Timea Varvolgyi, Ministry of Economic Affairs, Budapest
Ministry of the Economy
1055 Houvid 13-15
Budapest
Hungary
Tel: + 0036 / 1374-2882
Fax: + 0036 / 1374-2800
Email:
28. Ms. Maria Sitkey, Ministry of Economic Affairs, Budapest
Ministry of Economy
1055 Houvid 13-15
Budapest
Hungary
Tel: + 0036 / 1374-2749
Fax: + 0036 / 1374-2911
India
29. Mr. Rajesh Aggarwal, Counsellor, Permanent Mission, Geneva
Rue du Valais 9 (6ème étage)
1202 Genève
Tel: 738-4086
Fax: 738-4548
Email:
30. Mr. K. Rao, First Secretary, Permanent Mission, Geneva
Rue du Valais 9 (6ème étage)
1202 Genève
Tel: 732-0856
Fax: 738-9548
Email:
Indonesia
31. Mrs. Ganef Judawati, Assistant to Commercial Attaché, Permanent Mission, Geneva
Rue de Saint-Jean 16
1203 Genève
Case Postale 2271
1211 Genève 2
Tel: 339-7020
Fax: 339-7025
Email:
Iran (Islamic Republic of)
32. Mr. Alireza Jeirani Hokmabad, Attaché, Permanent Mission, Geneva
Chemin du Petit-Saconnex 28
1209 Genève
Tel: 332-2100
Fax: 733-0203
Japan
33. Ms. Aya IIno, Advisor, Permanent Mission, Geneva
Chemin des Fins 3
Case postale 337
1211 Genève 19
Tel: 717-3226
Fax: 788-3811
Email:
Jordan
34. Mr. Loui Ammari, Assistant to the Economic Affairs, Permanent Mission, Geneva
Rue de Vermont 37-39
Case postale 1716
1211 Genève 20
Tel: 748-2000
Fax: 748-2001
Email:
Korea (Republic of)
35. Mr. Su-Yeong Yu, Deputy Director, Customs Bureau, Ministry of Finance and Economy 1, Joongang-dong Kwacheon-Shi,
Kyuggi-do,
Republic of Korea
Tel: + 82 2 503-5231
Fax: + 82 2 503-5233
Email:
36. Mr. Jin-Su Sim, Deputy Director, Ministry of Commerce, Industry and Energy
1, Joongang-dong Kwacheon-Shi,
Kyuggi-do, 427-723
Republic of Korea
Tel: + 82 2 503-0174
Fax: + 82 2 503 9460
Email:
37. Ms. Muk-Mee Lee, Assistant Director, Korean Trade Commission
1, Joongang-dong Kwacheon-Shi
Kyuggi-do, 427-723
Republic of Korea
Tel: + 82 2 2110-5565
Fax: + 82 2 504-1213
Email:
38. Mr. Han Soo Kim, Counsellor, Permanent Mission, Geneva
Avenue de l'Ariana 1
Case postale 42
1211 Genève 20
Tel: 748-0000
Fax: 748-0001
Email:
Kyrgyz Republic
39. Mr. Edil Kalashev, Representative to the WTO, Geneva
Rue Maunoir 26 (1er étage)
1207 Genève
Tel: 707-9220
Fax: 707-9221
Email:
Latvia
40. Ms. Maija Manika, Counsellor to the WTO, Permanent Mission, Geneva
Rue de Lausanne 137 (6ème étage)
1211 Genève 20
Tel: 738-5111
Fax: 738-5171
Email:
41. Mr. Renards Mikelosons, Attaché to the WTO, Permanent Mission, Geneva
Rue de Lausanne 137 (6ème étage)
1211 Genève 20
Tel: 738-5111
Fax: 738-5171
Email:
Lithuania
42. Ms. Laima Skruodiene, Ministry of the Economy, Vilnius
Gedimino Ave, 38/2
Vilnius
Lithuania
Tel: + 370 - 2 - 609631
Fax: + 370 - 2 - 609630
Email:
43. Mr. Kaselis Egidijus, Counsel, JCC 'ACHEMA', Jonava
TSC ACHEMA
Taurostos 26
Jonava 5000
Lithuania
Tel: + 370 19 56934
Fax: + 370 19 56004
Email:
Macau
44. Ms. My Yen Lu, Assistant Representative to the WTO, Macao Economic and Trade Office, Brussels
Avenue Louise, 375, BTE 9
1050 Bruxelles
Tel: + 32 2 647-1265
Fax: + 32 2 640-1552
Email:
Malawi
45. Mr. Melody Justin Yeremia Chirwa, Senior Assistant Trade Officer, Ministry of Commerce and Industry, Lilongwe
P.O. Box 30366
Lilongwe 3
Malawi
Tel: + 00265 / 770-244
Fax: + 00265 / 770-760
Malaysia
46. Ms. Azma Jusoh, Ministry of International Trade and Industry, Accountant Anti-Dumping Unit, Kuala Lumpur
Level 5, Block 10,
Government Offices Complex,
Jalan Duta,
50622, Kuala Lumpur
Malaysia
Tel: + 603 6203-4640
Fax: + 603 6203-1745
Email:
Mauritania
47. Mr. Habib Ould Hemet, First Counsellor, Permanent Mission, Geneva
Avenue Blanc 46
1202 Genève
Tel: 906-1840
Fax: 906-1841
Email:
Moldova
48. Mr. Adrian Calmac, Counsellor, Permanent Mission (WTO Division), Geneva
Chemin du Petit-Saconnex 28
1209 Genève
Tel: 733-9103
Fax: 733-9104
Email:
49. Ms. Marian Foltea, Trade Lawyer, Ministry of the Economy (WTO Division), Moldova
Ministry of the Economy
Chishina 2003
Moldova
Tel: + 3732 / 23 76 50
Fax: + 3732 / 23 42 50
Email: foltea.moldova.md
Morocco
50. Mr. Tijani Younes, Counsellor, Permanent Mission, Geneva
Chemin François Lehmann 18a
1218 Grand-Saconnex
Tel: 791-8181
Fax: 791-8180
Email:
Nigeria
51. Mr. E. E. Kalu, First Secretary, Permanent Mission to the WTO, Geneva
Rue Richard Wagner 1
1211 Genève 2
Tel: 733-1000
Fax: 733-1080
Email:
52. Mr. M.G. Buba, Second Secretary, Permanent Mission to the WTO, Geneva
Rue Richard Wagner 1
1211 Genève 2
Tel: 733-1000
Fax: 733-1080
Email:
Pakistan
53. Mr. Syed Habib Ahmed, Economic Counsellor, Permanent Mission, Geneva
Rue de Moillebeau 56 (4ème étage)
1211 Genève 19
Tel: 734-7760
Fax: 734-8085
Email:
Peru
54. Ms. Milagros Miranda Rojas, Second Secretary, Permanent Mission, Geneva
Avenue Louis Casai 71 (1er étage)
Case postale 160
1216 Cointrin
Tel: 791-7726
Fax: 791-7729
Email:
Poland
55. Ms. Monika Zagajska, Ministry of the Economy, Warsaw
UL. Ploc Trech Kryzy 3/5
00-507 Warsaw
Poland
Tel: + 48 22 693-4605
Fax: + 48 22 693-4018
Email:
Romania
56. Ms. Adina Stana, Ministry of Foreign Affairs of Romania, Foreign Trade Department and Economic Promotion, Bucharest
Calea Victoriei 152
Sector 1
Bucharest
Romania
Tel: + 7
Fax: + 9
Russian Federation
57. Mr. Alexander Poluektov, Director for International Policies, CCEUR, Moscow
Tel: + 7095 / 232-5577
Email:
58. Ms. Olga Shishaeva, First Secretary, Permanent Mission, Geneva
Avenue de la Paix 15
1211 Genève 20
Tel: 733-1870 / 734-6630
Fax: 734-4044
Email:
Saudi Arabia
59. Mr. Saleh M. Shoaib, Commercial Attaché, Permanent Mission, Geneva
Route de Lausanne 263
1292 Chambésy
Tel: 758-9605
Fax: 758-9612
Email:
60.ÊMr. Ahmad Al-Shanbary, Attaché, Permanent Mission, Geneva
Route de Lausanne 263
1292 Chambésy
Tel: 758-7600
Fax: 758-9612
Senegal
61. Mr. Iba Mar Oulare, Second Counsellor, Permanent Mission, Geneva
Rue de la Servette 93
1202 Genève
Tel: 918-0230
Fax: 740-0711
Email:
62. Mr. Falou Samb, Second Counsellor, Permanent Mission, Geneva
Rue de la Servette 93
1202 Genève
Tel: 918-0230
Fax: 740-0711
Email:
Singapore
63. Ms. Angela PNG, Counsellor, Permanent Mission, Geneva
ICC
Block G, 6th floor
Rue de Pré-Bois 20
Case postale 1910
1215 Genève 15
Tel: 929-6655
Fax: 929-6658
Email:
Slovak Republic
64. Mr. Milan Majek, First Secretary, Permanent Mission, Geneva
Chemin de l'Ancienne route 9
Case postale 160
1218 Grand-Saconnex
Tel: 747-7411
Fax: 747-7434
Email:
South Africa
65. Mr. Gustav Brink, Director Trade Remedies Policy in South Africa, Pretoria
SABS A219 Private Bag X753
1 Dr. Lategan Road, Pretoria
Groenkloof, Pretoria 0001
South Africa
Tel: + 08
Fax: + 06
Email:
Sri Lanka
66. Mr. Himalee Arunatilaka, Second Secretary, Permanent Mission, Geneva
Rue de Moillebeau 56 (5ème étage)
Case postale 436
1211 Genève 19
Tel: 919-1257
Fax: 734-9084
Email:
Thailand
67. Mr. Nirat Supthaweethum, Trade Officer of Anti-dumping and Countervailing Measures, Department of Foreign Trade, Ministry of Commerce, Nonthaburi
44/100 Sarambinnam Road,
Nonthaburi 11000
Thailand
Tel: + /40
Fax: +
Email:
68. Ms. Mookda Soontonpagasid, Trade Officer, Department of Foreign Trade, Ministry of Commerce, Nonthaburi
Bureau of Trade Interest and Remedies
Nonthaburi - Sarambinnam Road,
Nonthaburi 11000
Thailand
Tel: + /40
Fax: +
Email: mookdas@yahoocom
69. Mr. Auramon Chutinet, Trade Officer, Department of Business Economics, Bangkok
Department of Business Economics
Thanon Ratchadamroen Helang
Bangkok 10200
Thailand
Tel: +
Fax: +
Email:
70. Mr. Pornchai Danvivathana, Minister Counsellor, Permanent Mission to the WTO, Geneva
Route de Près-Bois
Genève
Tel: 929-5205
Email:
Trinidad and Tobago
71. Ms. Lauren Boodhoo, First Secretary, Permanent Mission, Geneva
Rue de Vermont 37-39
1202 Genève
Tel: 918-0380
Fax: 734-9138
Email:
Tunisia
72. Mr. Mounir Ben Rjiba, First Secretary, Permanent Mission, Geneva
Rue de Moillebeau 58
Case postale 272
1211 Genève 19
Tel: 734-8450 / 734-8459
Fax: 734-0663
Email:
Turkey
73. Mr. Cengiz Gürsel, Foreign Trade Expert, Emek-Ankara
Dis Ticaret Mustesarligi Ithalat Genel
Mudurlugu Inonie Bulvari
Emek-Ankara
Turkey
Tel: + 90
Fax: + 90 .65
Email:
74. Mr. Oguzhan Berber, Foreign Trade Expert, Emek-Ankara
Inonu Bulvari, No.36, 06510
Emek, Ankara
Turkey
Tel: + 90 .00/1784
Fax: + 90 .41
Email:
75. Mr. Murat Gören, Foreign Trade Expert. Emek-Ankara
Inonu Bulvari, No.36, 06510
Emek, Ankara
Turkey
Tel: + 90 .00
Fax: + 90 .65
76. Ms. Yelda Unal, Deputy Commercial Counsellor, Permanent Mission to the WTO, Geneva
Permanent Mission of Turkey
Route de Pre-Bois 20
Case postale 1837
1215 Genève 15
Tel: 791-7010
Fax: 791-7020
Email:
Ukraine
77. Mr. Yaroslav Snygur, Deputy Head of the Division for Trade Restrictions and Unfair Competition, Ministry of Economy and European Integration, Kiev
8 Lvivska Sq
04655 Kyiv
Ukraine
Tel: + 00380 44 212-44-09
Fax: + 00-57
Email:
78. Mr. Sergiy Sirchenko, Leading Specialist, Division for Trade Restrictions and Unfair Competition, Ministry of Economy, Kiev
8, Lvivska Sq., Kyiv
GSP-655, 04655
Ukraine
Tel: + 00380 44 212-44-97
Fax: + 00380 44 212-55-57
Email:
79. Ms. Natalya Machulyskaya, Specialist of the First Category, Kiev
Kiev
Lvivska Str. 8
Tel: + 00380 44 212-39-93
Fax: + 00 46
Email:
United Kingdom
80. Ms. Tracy Garland, International Trade Department, DFID, London
1 Palace Street
London SW1E 5HE
Tel: + 44 (0) 20 7023 0161
Fax: + 44 (0) 20 7023 0470
Email:
United States of America
81. Mr. Richard Moreland, Deputy Assistant Secretary, Department of Commerce, USTR, Washington, D.C.
14th and Pennsylvania Avenue, N.W.
Washington, D.C. 20230
U.S.A.
Tel:
82. Mr. Robert Heilferty, Senior Counsellor, USTR, Washington, D.C.
Washington, D.C.
14th and Pennsylvannia Avenue, N.W.
Washington, D.C. 20230
U.S.A.
Tel:
83. Mr. Robert Kasper, Attaché, Permanent Mission to the WTO, Geneva
11 Route de Pregny
1292 Chambésy
Tel: 749-5313
Fax: 749-5308
Email:
Uruguay
84. Mr. Juan Manuel Fernandez, Minister Counsellor, Permanent Mission, Geneva
Rue de Lausanne 65 (4ème étage)
1202 Genève
Tel: 716-3304
Fax: 716-3310
Email:
Venezuela
85. Mr. Alfredo Azpurua, Second Secretary, Permanent Mission, Geneva
Chemin François Lehmann 18a
1218 Grand-Saconnex
Tel: 717-0940
Fax: 717-0941
Email: Email:
86. Mr. Aldo Perfetto, Third Secretary, Permanent Mission, Geneva
Chemin François Lehmann 18a
1218 Grand-Saconnex
Tel: 717-0966
Fax: 717-0941
Email:
87. Mr. Jorge Albites, Permanent Mission, Geneva
Chemin François Lehmann 18a
1218 Grand-Saconnex
Tel: 717-0940
Fax: 717-0941
Email:
Zambia
88. Mr. Edward Chisanga, First Secretary (Trade), Permanent Mission, Geneva
Chemin du Champ-d'Anier 17-19
1209 Genève
Tel: 788-5330 / 788-5331
Fax: 788-5340
Email:
Zimbabwe
89. Ms. Beatrice Mutetwa, Minister Counsellor, Permanent Mission, Geneva
Chemin William Barbey 27
1292 Chambésy
Tel: 758-3011 / 758-3013
Fax: 758-3044
Email:
90. Mr. Felix Maonera, Counsellor, Permanent Mission, Geneva
Chemin William Barbey 27
1292 Chambésy
Tel: 758-3011 / 758-3013
Fax: 758-3044
Email:
****************************************
Agency for International Trade Information and Cooperation (AITIC)
91. Ms. Esperanza Durán, Director
9, Rue de Varembé - PO Box 156
1211 Genève 20
Tel:
Fax:
Email:
African, Caribbean and Pacific Group of States (ACP Group)
92. Mr. Achille Bassilekin, Assistant to Mr. Kisiri
Rue de Vermont, 37-39
1202 Genève
Tel: 748-1490
Fax: 748-1499
World Trade Organization (WTO)
93. Mr. Nicolas Lockhart, Appellate Body
154 Rue de Lausanne
1211 Genève 21
Tel: 739-5017
Fax: 739-5786
Email:
94. Mr. Johann Human, WTO Rules Division
154 Rue de Lausanne
1211 Genève 21
Tel: 739-5903
Fax: 739-5909
Email:
95. Mr. Muslum Yilmaz, WTO Rules Division
154 Rue de Lausanne
1211 Genève 21
Tel: 739-5111
Email:
96. Mr. Raul Torres, WTO Rules Division
154 Rue de Lausanne
1211 Genève 21
Tel: 739-5819
Fax: 739-5505
Email:
UNCTAD
Commercial Diplomacy Programme
Palais des Nations
1211 Genève 10
Tel: +41 (0) 22 917-5940 and +41 (0) 22 917-6313
Fax: +41 (0) 22 907-0247
Email:
97. Ms. Ana Maria Alvarez, Competition Law and Policy and Consumer Protection Section.
98. Mr. Philippe Brusick, Chief, Competition Law and Policy and Consumer Protection Section, DITC.
99. Mr. Taehyun Choi, TNCD, DITC.
100. Mr. Erik Chrispeels, Legal Advisor and Coordinator, Dispute Settlement Programme, UNCTAD
101. Ms. Marisa Diaz-Henderson, Deputy Co-ordinator, Commercial Diplomacy Programme/DITC.
102. Mr. Stefano Inama, Deputy Co-ordinator, Commercial Diplomacy Programme/DITC.
103. Mr. Luca Monge-Roffarello, TNCD, DITC.
104. Mr. Xiaobing Tang, TNCD, DITC.
105. Ms. Manuela Tortora, Co-ordinator, Commercial Diplomacy Programme/DITC.
106.Ê Mr. Edwin Vermulst, UNCTAD Consultant.
Law Partner, Vermulst, Waer & Verhaegh,
33 Rue Blanche
1060 Bruxelles
Tel: 32 2 542-0780
Fax: 32 2 534 5888
Email:
8 March 2002
Anti-Dumping: Practical and Legal Issues
in the Post Doha Scenario
(held at AITIC, 9 Rue de Varembé, Geneva,
on 28 February and 1 March 2002)
I. Profile of the Participants
1. Of the 104 participants, the majority (around 60%) were from less-advantaged countries (LACs). Around 30% of the total filled out questionnaires.
2. As the attached table shows, the average respondent had only a satisfactory knowledge of anti-dumping issues prior to the workshop. Only two respondents rated themselves as having an excellent prior knowledge. Of those respondents who indicated the length of time in their current position (21), the overwhelming majority (80%) had between 1 and 3 years of experience. The audience can be characterised, therefore, as having a reasonable theoretical and practical background in anti-dumping, though not experts in the field.
II. Participants' Evaluation of the Workshop and Materials
3. Nearly all respondents found the workshop useful, a large number considering it very useful (see below the summary of participants' evaluations). Similarly, the quality of speakers and materials was uniformly rated as good or excellent. Almost all respondents were keen to disseminate the materials amongst their colleagues, including in capitals. However, one francophone LAC representative indicated that this would only be possible if the materials were in French.
4. The most popular session was the presentation dealing with practical aspects of dumping margin calculation. Respondents were also particularly interested in the sessions on anti-dumping and competition, and implementation issues and priorities for the post-Doha negotiations. This combination reflects participants' overwhelming interest in the practical aspects of anti-dumping, as well as in the place of this issue in the broader context of the Doha Development Agenda.
5. Suggestions for improvement and other anti-dumping topics that could be addressed included:
● discussion of case-studies or use of simulation exercises;● assessment of injury and injury calculation;● more written material for each presentation, perhaps distributed earlier to allow for prior discussion;● more time for consideration of such complex issues;● invite investigators from 'traditional' anti-dumping users, to presentÊ their views and experiences;● more workshops on practical and technical aspects, including comparison of export and normal prices, making adjustments to price data etc;● more focus on capacity building and technical assistance for Sub-Saharan Africa;● more attention in choosing the countries that present their points of view;● it would be useful to have badges for delegates;● explore possibilities of financing the attendance of capital-based officials.
III. Participants' Suggestions for Future Workshops
6. A number of respondents suggested safeguards, subsidies and countervailing measures, trade facilitation and competition as possible subjects for future workshops. Other suggested subjects were:
● small economies;● trade and investment;● intellectual property implementation;● regional trading arrangements;● dispute settlement and analysis of Panel reports;● market access and industrial tariffs;● customs valuation;● agriculture;● preferential treatment for developing countries;● services;● technical barriers to trade;● sanitary and phytosanitary measures.
Summary of Participants' Evaluations
(Total number of responses = 31 out of 104 participants)
(Response rate = 30%)
1. Participants' own assessment of their prior knowledge of anti-dumping issues.
| . |
Excellent (4) |
Good (3) |
Satisfactory (2) |
Insufficient (1) |
|
Number |
2 |
12 |
11 |
5 |
|
% of Responses |
6,45 |
38,7 |
35,48 |
16,12 |
Average response: 2,33 [Note 6]
2. Participants' general assessment of the usefulness of the workshop from the point of view of their professional responsibilities.
|
.
|
Very Useful (4) |
Somewhat Useful (3) |
Not Really Useful (2) |
Not at All Useful (1) |
|
Number |
21 |
9 |
1 |
0 |
|
% of Responses |
67,74 |
29,03 |
3,22 |
0 |
Average response: 3,64
3. Participants' assessment of the quality of the speakers.
| . |
Excellent (4) |
Good (3) |
Average (2) |
Bad (1) |
|
Number |
11 |
19 |
0 |
0 |
|
% of Responses |
35,48 |
61,29 |
0 |
0 |
Average response: 3,37 [Note 7]
4. Participants' assessment of the quality of the training materials distributed.
| . |
Excellent (4) |
Good (3) |
Average (2) |
Bad (1) |
|
Number |
11 |
20 |
0 |
0 |
|
% of Responses |
35,48 |
64,51 |
0 |
0 |
Average response: 3,35
Note 1: See Annex 1 for the programme, Annex 2 for the participants and Annex 3 for an analysis of participants' evaluations; UNCTAD Commercial Diplomacy Programme's website http://www.unctad.org/commdip, for papers delivered. (return to text)
Note 2: The process of adjusting market prices so as to remove additions made after the product leaves the factory. (return to text)
Note 3: Zeroing refers to the practice of treating profitable sales as if they had realised zero profits, thereby preventing them from offsetting unprofitable - i.e. dumped - sales. That is, positive dumping margins cannot be reduced by negative margins. (return to text)
Note 4: European Communties - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen From India (Report of the Appellate Body WT/DS141/AB/R). The Appellate Body dealt with a number of aspects of calculation under the ADA, including zeroing (which was rejected in this case). (return to text)
Note 5: Application of the dumping margin or the injury margin, whichever is less. (return to text)
Note 6: One participant indicated a level between satisfactory and insufficient. (return to text)
Note 7: One participant gave a response of 'very good'. (return to text)
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